CRIMPRO SURRENDER, RULE 120

Title GR No. 212865

SALVADOR v. CHUA Date: 15 July 2015
Ponente: Bersamin, J.
Horacio Salvador, petitioner Lisa Chua, respondent
Appeal to undo the decision granted by CA in a petition for certiorari on the orders of RTC giving due course to the
petitioner’s notice of appeal and application for bail.
FACTS
Case timeline:
1. Petitioner and his wife were charged with estafa.
2. On the scheduled day of promulgation of judgment of CONVICTION, the counsel of petitioner moved for
deferment on the ground that his client is suffering hypertension. RTC unconvinced of the reason proceeded to
promulgate the judgment.
3. RTC issued a warrant of arrest. Thereafter the petitioner was APPREHENDED 8 DAYS after the promulgation of the
judgment.
4. Petitioner filed a MOTION FOR LEAVE TO FILE NOTICE OF APPEAL. RTC initially denied the motion but was
subsequently granted upon the petitioner’s MOTION FOR RECONSIDERATION upon the showing a medical
certificate to prove the hypertension suffered by the accused during promulgation.
5. Prosecution moved for reconsideration and presented an affidavit by the alleged doctor who signed the Medical
Certificate denying his signature affixed. The Petitioner opposed the motion by filing another Med Cert signedby
a new doctor. (lol)
6. The case was re raffled to another JUDGE. SECOND JUDGE denied the MR filed by prosec.
7. Private respondent commenced a special civil action for certiorari with CA. CA granted the petition and nullified
the assailed order of the SECOND JUDGE. MR by petitioner was also denied.
8. Hence SC.

ISSUE/S
I. WON the order granting the notice of appeal was proper.
RATIO
NO. The accused who fails to appear at the promulgation of the judgment of conviction loses the remedies
available under theRules of Court against the judgment, specifically: (a) the filing of a motion for new trial or for
reconsideration (Rule 121 ), and (b) an appeal from the judgment of conviction (Rule 122). However, the Rules of
Court permits him to regain his standing in court in order to avail himself of these remedies within 15 days from
the date of promulgation of the judgment conditioned upon: (a) his surrender; and (b) his filing of a motion for
leave of court to avail himself of the remedies, stating therein the reason for his absence. Should the trial court
find that his absence was for a justifiable cause, he should be allowed to avail himself of the remedies within 15
days from notice of the order finding his absence justified and allowing him the available remedies from the
judgment of conviction.

Even assuming that he had suffered hypertension, which could have validly excused his absence from the
promulgation, the petitioner did not fulfil the other requirement of Section 6, supra, to surrender himself to the
trial court. The term surrender used in the rule visibly necessitated his physical and voluntary submission to the
jurisdiction of the court to suffer any consequences of the verdict against him.

RULING
DECISION PROMULGATED IS AFFIRMED.
CABRITO